On April 20, 2010, the Deepwater Horizon exploded and sent a gusher of oil into the Gulf of Mexico. Deepwater Horizon also sent a gusher of litigation into the federal courts: the recent decision in Hornbeck Offshore Services, LLC v. Salazar illustrates the care needed in seeking and enforcing an injunction against an agency of… Continue Reading
Monthly Archives: November 2012
Monday Morning Regulatory Review – 11/26/12
Posted in Executive - OMB Review, Judicial Review & RemediesThe week of Thanksgiving is traditionally a quiet one – dedicated rightly to giving thanks for what we have with a touch of jostling for more as Black Friday has blended backward into Thanksgiving Day. In addition to shopping, Black Friday traditionally is a quite time in the government – time to clean the office… Continue Reading
Monday Morning Regulatory Review – 11/19/12
Posted in Judicial Review & Remedies, Regulatory Flexibility & Small Business, Regulatory ProcessActivity at the Office of Management and Budget (OMB) has begun to pick up after the election – the Patient Protection and Affordable Care Act (ACA) regulations lead the way. On the other hand, another court ordered an exemption from the mandatory contraceptive coverage regulation ahead of Department of Health and Human Services (HHS) submitting… Continue Reading
District Court Vacates Hospital Disproportionate Share Payment “Rule”
Posted in Judicial Review & RemediesIn yesterday’s episode of the Medicare hospital disproportionate share (DSH) payment saga, the United States District Court for the for the District of Columbia vacated a Department of Health and Human Services (HHS) “policy” adopted in a 2004 final rule preamble that was not adopted as a rule until 2007. Allina Health Services v. Sebelius… Continue Reading
Administrative Conference 57th Plenary Session Agenda
Posted in Legislation, Regulatory ProcessThe Administrative Conference of the United States (ACUS) will meet for its 57th Plenary Session on December 6 – 7, 2012, to consider three recommendations dealing with Reform of the Procedural Trap between the Court of Federal Claims and the United States District Courts; Third-Party Programs for Regulatory Compliance; and Civil Monetary Penalty Inflation Adjustment…. Continue Reading
Monday Morning Regulatory Review – 11/12/12
Posted in Executive - OMB Review, Judicial Review & RemediesOn Election Night, the Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) was reviewing 147 significant rules, proposed rules, and other notices. With the election over, the floodgates have now cracked. OMB’s docket has suddenly grown to 158, and we may expect to see many more rules – and perhaps… Continue Reading
Monday Morning Regulatory Review – 11/5/12
Posted in Judicial Review & Remedies, Regulatory ProcessThe election is tomorrow and regulatory activity seems to be in the calm before the storm. Congress further pressured the Administration on the lack of a Unified Agenda, but the Office of Management and Budget (OMB) did complete review on some very time-sensitive regulations, while the Environmental Protection Agency (EPA) announced at least some compliance… Continue Reading